A federal judge in Boston has struck down the Trump administration’s $100,000 H-1B visa fee, vacating it in its entirety. U.S. District Judge Leo Sorokin ruled that the steep fee constituted an unlawful tax that Congress never authorized the executive branch to impose.
Judge Sorokin sided with a 20-state coalition of attorneys general, finding that the fee violated the Constitution and the federal Administrative Procedure Act.
The administration originally instituted the controversial proclamation in late 2025, dramatically increasing the cost of obtaining new H-1B visas from the traditional $2,000–$5,000 to $100,000.
This latest decision sets up a stark circuit split. Last year, a separate federal judge in Washington, D.C., upheld the same fee, finding it within the president’s broad immigration powers.
By declaring the payment a tax rather than a regulatory fee, the court’s ruling provides immediate relief to employers and public institutions struggling to navigate the high-skill labor market.
The White House and Justice Department may appeal the H-1B visa fee ruling. With split federal court opinions, this issue is likely to go to an expedited appeals process or the Supreme Court.
Our immigration lawyers will continue to monitor developments as they unfold.
